Offc Action Outgoing

UNITED STATES PATENT AND TRADEMARK OFFICE

 

 

 

FINAL ACTION

 

TO AVOID ABANDONMENT, WE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF OUR MAILING OR E-MAILING DATE. 

 

 

Serial Number  76/410292

 

The Office has reassigned this application to the undersigned examining attorney.

 

This letter responds to the applicant’s communication filed on December 6, 2002.

 

In its response, the applicant submitted an amended identification of goods, adding Class 11 to the application. For the reasons noted below, the amended identification of goods is unacceptable. The requirement for an acceptable identification of goods is maintained and made FINAL.

 

Final Requirement for Acceptable Identification

 

The amended identification of goods is unacceptable because it does not identify the goods with sufficient specificity.  The wording “finishing ovens and dryers” in the identification of goods is unacceptable as indefinite because it does not indicate whether the ovens and dryers are for domestic, commercial, or industrial use.  The applicant must amend the identification to specify the nature of the goods. TMEP §1402.01. The applicant may adopt the following wording, if accurate:

 

 

Finishing ovens and dryers for [specify, e.g., domestic, industrial, commercial] use, in International Class 11.

 

For the reasons noted above, the requirement for an acceptable identification of goods is maintained and made FINAL.

 

Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board.  37 C.F.R. §2.64(a).  If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned.  37 C.F.R. §2.65(a).

 

Catherine Pace Cain

Catherine Pace Cain

Trademark Examining Attorney

Law Office 104

phone: (703) 308-9104 ext. 262

fax: (703) 746-8104

 

Fee increase effective January 1, 2003

Effective January 1, 2003, the fee for filing an application for trademark registration will be increased to $335.00 per International Class.  The USPTO will not accord a filing date to applications that are filed on or after that date that are not accompanied by a minimum of $335.00. 

 

Additionally, the fee for amending an existing application to add an additional class or classes of goods/services will be $335.00 per class for classes added on or after January 1, 2003.

 

How to respond to this Office Action:

 

To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.

 

To respond formally via E-mail, visit http://www.gov.uspto.report/web/trademarks/tmelecresp.htm and follow the instructions.

 

To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.

 

To check the status of your application at any time, visit the Office’s Trademark Applications and Registrations Retrieval (TARR) system at http://tarr.gov.uspto.report/

 

For general and other useful information about trademarks, you are encouraged to visit the Office’s web site at http://www.gov.uspto.report/main/trademarks.htm

 

FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.